Appeal No. 2000-1091 6
Application No. 08/874,167
desaturated formation results in transfer or partitioning of liquid state contaminants to the
vapor phase[,]” specification, page 8, there is no requirement in the claimed subject
matter that the temperature is raised to any given extent. Neither is there a requirement
that the contaminants be non-volatile. Indeed, the appellants indicate that the
contaminants include accidental spills, and industrial operation, page 1, and gasoline spills.
See pages 3 and 4 which include materials which are highly volatile and require little heat
to achieve vaporization. Accordingly, we interpret the claimed subject matter including
liquid and solid contaminants, volatile and non-volatile liquids and any degree of Joule
heating. See In re Morris, 127 F.3d 1048, 1053-54, 44 USPQ2d 1023, 1027 (Fed.
Cir. 1997); In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir.
1989); In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983); In
re Okuzawa, 537 F.2d 545, 548, 190 USPQ 464, 466 (CCPA 1976). During patent
prosecution, claims are to be given their broadest reasonable interpretation consistent with
the specification, and the claim language is to be read in view of the specification as it
would be interpreted by one of ordinary skill in the art.
Carrigan is directed to electrical resistance heating of soil. See page 2. We find
that Carrigan discloses multiphase AC utilizing electrode placement. See page 3. We find
that Carrigan discloses a module to obtain preliminary estimation of voltage and current
demands from a power supply. Id. Accordingly, voltage, current and electrode placement
can be adjusted.
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